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National Assessment of State E&IT Accessibility Initiatives
ACCESSIBILITY LAWS, POLICIES, STANDARDS AND OTHER RESOURCES AVAILABLE ON-LINE
Related to Application Development, IT Procurement, and Public Hardware
April 2003
This is a publication of the Information Technology Technical Assistance and Training Center which is funded by the National Institute on Disability and Rehabilitation Research of the U.S. Department of Education under cooperative agreement #H133A000405. The opinions contained in this publication are those of the grantee and do not necessarily reflect those of the Department of Education. For questions or comments, please contact Laura Farah at: Lfarah@mail.law.uiowa.edu.
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Skip to: Executive Summary | Background | Methodology | Findings | Conclusion | Authors |
EXECUTIVE SUMMARY
During the months of September 2001 through May 2002, the Information Technology Technical Assistance and Training Center (ITTATC) conducted a survey to gain a better sense of what states are doing to promote electronic and information technology (E&IT) accessibility. While the results of that survey were being compiled, stakeholders expressed a desire to see tangible examples of current laws, policies, standards, and resources related to state E&IT accessibility practices that are available on-line. Consequently, an in-depth search was conducted during the months of January through April 2003. The results of that on-line search are documented in this report for the core areas of application development, IT procurement, and public access to hardware. (Laws, policies, standards, and other resources related to the states' website accessibility practices are documented in a separate report that will be published soon.)
While the information in this report represents only a point in time in an extremely fluid and evolving field, it does present a framework from which we begin to gain a perspective of the laws, policies, and standards being developed by states towards achieving E&IT accessibility. Overall, it is clear that the states are committed to improving access to E&IT, and they are moving forward on a voluntary basis. The lack of broad-based adoption of similar laws and policies, however, may point more to a recognition that states operate differently and that they each deal with a variety of unique issues (size, authority, resources, etc.). In the future, ITTATC will analyze the specifics of state accessibility efforts and provide additional support as the states work to improve access to electronic and information technology for their citizens.
BACKGROUND
The National Assessment of State E&IT Accessibility Initiatives is a project of the Information Technology Technical Assistance and Training Center (ITTATC), which is funded by the National Institute on Disability and Rehabilitation Research (NIDRR) of the U.S. Department of Education. ITTATC promotes the development of accessible electronic and information technology (E&IT) products and services related to Section 508 of the Rehabilitation Act and Section 255 of the Telecommunications Act by providing information, training, and technical assistance to state officials, industry, and persons with disabilities. E&IT is defined by federal regulations as any equipment or interconnected system of equipment that is used in the creation, conversion, or duplication of data or information. In addition to information technology (IT) - which includes computer hardware, operating systems, and application software - E&IT includes: information kiosks, transaction machines, World Wide Websites, multimedia, and office equipment such as copiers and fax machines.
During the months of September 2001 through May 2002, ITTATC, directed by the Georgia Institute of Technology's Center for Assistive Technology and Environmental Access (CATEA), in collaboration with the Rehabilitation Engineering and Assistive Technology Society of North America's Technical Assistance Project (RESNA TA), the Association of Tech Act Projects (ATAP), and the New York State Office for Technology, conducted a study to gain a better sense of what states are doing to promote E&IT accessibility and what the barriers are to improved accessibility for individuals with disabilities. The ITTATC State IT Accessibility Initiatives Workgroup developed a survey to collect information from key stakeholders in each state.
The purpose of the survey was to document state initiatives aimed towards achieving IT accessibility relative to four core areas listed below:
- Websites
- Application Development
- Procurement (Hardware/Software/IT Services)
- Public Access to Hardware (Kiosks, Public Use Computer Labs, e.g., One-Stops)
During execution of the state IT accessibility initiatives survey, participants referenced several web-based resources. An in-depth search for on-line resources was conducted during the months of January through April 2003, however, because the listing of on-line resources obtained from the survey was incomplete or had changed during the period between data collection and report development.
METHODOLOGY
The process of identifying on-line resources utilized both data reported in the survey by the targeted participants, as well as information obtained by examining the state government "Information Technology" Web page for each of the fifty states, plus the District of Columbia. The authors referred to the "State Search" section on the NASCIO Website to obtain links to state departments of IT (https://www.nascio.org/stateSearch/). NASCIO represents State Chief Information Officers and information resource executives and managers from the 50 states, six U.S. territories, and the District of Columbia. State Search is a service of NASCIO and is designed to serve as a topical clearinghouse for state government information on the Internet.
FINDINGS
The information in the "Overview of State Accessibility Laws, Policies, Standards and Other Resources Available On-line" represents a listing of current laws, policies, standards or guidelines, and other on-line resources for the core areas of application development, IT procurement, and public hardware. The information is current as of April 2003. While the sites for all 50 states plus the District of Columbia were searched, only the sites that include information pertinent to the topic and core area are included in the overview. The details contained in the overview are not meant to be all-inclusive.
The authors recognize that other on-line resources may exist, that information links change, and that state departments move and/or shift responsibility. As a result, this information will be updated on a regular basis. Readers who know of existing links that do not appear in the document are asked to inform ITTATC so that accurate and usable information can be maintained.
In conducting the on-line search, the authors found that there are more on-line resources available for the core area of Website Accessibility than for any other core area. Given the number of resources devoted to Website Accessibility and the level of activity taking place in this core area, a separate report called "Accessibility Laws, Policies, Standards and Other Resources Available On-line: Related to Websites" was authored; this report will be published separately.
CONCLUSION
ITTATC expects the information in this report will be used in a variety of ways and by a wide variety of stakeholders:
- States considering the development and adoption of accessibility laws and standards will be able to examine what other states have done and identify the practices that may work well in their own situations.
- Consumers and advocates may use the information to identify progress at the state level and develop strategies to stimulate the adoption of statutes in other states.
- Vendors and industry representatives are likely to use the information to target their sales and promotion efforts for accessible products and services.
- On a broader scale, manufacturers may use this information in their market analyses as they determine customer requirements for accessible electronics and information technology as well as their need to respond.
- Several states indicated that a majority of their applications would be web-based and, therefore, subject to the requirements of their states' website accessibility laws, policies, and/or standards. Any web-based application developed in-house or by contractual agreement would have to comply with the website accessibility practices. Other states adopted procurement requirements that affect the purchase and acquisition of applications, regardless of whether they are web-based or server/desktop-based applications.
- In several cases, states' procurement statutes require the development and inclusion of a technology access clause in all contracts. The technology access clause may require compliance with the state's adopted standards; it also may require the vendor to assert that their product complies with the state law. Some states require the contractor to respond to and resolve any complaints regarding its products or services.
- In some cases, states have adopted a law, policy, and/or standards based on Section 508, but have not specified or required the development of processes to implement the statute at the state level.
- The role of the Chief Information Officer (CIO) continues to evolve and to play a prominent role at the state level. Since achieving IT accessibility falls within the CIO's responsibilities, many states have embraced the concept of accessibility as part of their technical architecture, and they have incorporated accessibility policies and standards as a seamless approach to achieving accessible application development and IT procurement.
- A cursory review of the laws and policies may lead one to think that some confusion exists regarding the states' understanding of their information technology accessibility requirements under the Americans with Disabilities Act and Sections 508 and 504 of the Rehabilitation Act of 1973, as amended. Clearly, some states have adopted the Section 508 standards as a means to demonstrate their efforts to meet their obligations under the Americans with Disabilities Act. It is unclear, however, whether states have inaccurately assumed that the adoption of Section 508 will ensure that they are meeting their obligations in full under the ADA and Section 504.
- Over the years, successful advocacy efforts have resulted in many states adopting statutes that address the accessibility of electronic and information technology. While some of these states have adopted laws and policies that ensure E&IT accessibility solely to persons with visual disabilities, in many cases, the entities responsible for implementing such statutes have expanded the scope (via regulations or policies) to ensure access to all persons with disabilities.
It appears that further examination of states' activities is needed to determine what processes have been developed to ensure implementation and compliance and what resources and guidance can be developed to assist states in their efforts to improve access. While procedures to implement laws, policies, and standards to make E&IT accessible at the federal level are already in place, it is still an area of uncertainty at the state level. States are looking for guidance and assistance in making standards operational and in implementing a consistent process for verification. In the future, ITTATC will analyze the specifics of state accessibility efforts and provide additional support as the states work to improve access to electronic and information technology for their citizens.
AUTHORS
This is a report of the Information Technology Technical Assistance and Training Center (ITTATC, http://www.ittatc.org). The ITTATC Project Director is Mimi Kessler. Michael Morris and Laura Farah, Principal Investigators of the Law, Health Policy & Disability Center of the University of Iowa College of Law, Washington, D.C. Office, and Deborah Buck and Deborah Bursa of ITTATC, produced the report. The report was produced in collaboration with Nell Bailey, Project Director of the Rehabilitation Engineering and Assistive Technology Society of North America's Technical Assistance Project and Diane Golden of the Association of Tech Act Projects.
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Information Technology Technical Assistance and Training Center
Center for Assistive Technology and Environmental Access
Georgia Institute of Technology
490 10th Street NW · Atlanta, GA 30318
Telephone: 1-800-726-9119 (Voice/TTY) · Fax: 404-894-9320 · Email: ittatc@ittatc.org
Information Technology Technical Assistance and Training Center
Center for Assistive Technology and Environmental Access
Georgia Institute of Technology
490 10th Street NW · Atlanta, GA 30318
Telephone: 1-800-726-9119 (Voice/TTY) · Fax: 404-894-9320 · Email: ittatc@ittatc.org